The defendant is charged [in count
___] with possession of a weapon or dangerous instrument in a correctional
institution. The statute defining this offense reads in pertinent part as
follows:

a person is guilty of possession of
a weapon or dangerous instrument in a correctional institution when, being an
inmate of such institution, (he/she) knowingly (makes / conveys from place to
place / has in (his/her) possession or under (his/her) control) any (firearm /
weapon / dangerous instrument / explosive / any substance or thing designed to
kill, injure or disable).

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Inmate in a
correctional institutionThe first element is that the
defendant at the time of the alleged offense was an inmate in <insert name of
facility> and that <insert name of facility> is a correctional
institution. "Correctional
institution" means any correctional facility administered by the
commissioner of correction.

Element 2 - Knowingly made,
conveyed, possessed, or controlledThe second element is that the
defendant knowingly (made / conveyed from place to place / had in (his/her)
possession or under (his/her) control) certain weapons or dangerous
instruments. In this case, it is alleged that the defendant <insert
allegations and type of weapon>.

["Possess"
means to have physical possession or otherwise to exercise dominion or control
over tangible property.]

Element 3 - Weapon or dangerous
instrumentThe third element is that the item[s]
the defendant had in (his/her) possession was a (firearm / weapon / dangerous
instrument / explosive / a substance or thing designed to kill, injure, or
disable>. <Insert the appropriate definition:>

"Firearm"
means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver, or
other weapon, whether loaded or unloaded, from which a shot may be discharged.

"Weapon" includes
anything used or designed to be used in destroying, defeating, or injuring an
enemy.

"Dangerous
instrument" means any instrument, article or substance
which, under the circumstances in which it is used or attempted or
threatened to be used, is capable of causing death or serious physical
injury. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes serious disfigurement, serious
impairment of health or serious loss or impairment of the function of any
bodily organ. It is important to note that the article need not be
inherently dangerous; all that is required is that the article was capable
of causing death or serious physical injury under the circumstances in which
it was used. Any article or substance, without limitation and even though
harmless under normal use, may be found by you to be a dangerous instrument
if, under the circumstances of its use or threatened or attempted use, it is
capable of producing serious physical injury or death. The state need not
prove that in fact death or serious physical injury resulted, only that the
instrument had that potential under the circumstances.

"Explosive" is any
chemical compound, mixture, or device that functions by explosion.1

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant was an inmate at a correctional
institution, 2) the defendant knowingly (made/ conveyed / possessed / had under
(his/her) control) a weapon, and 3) the weapon was a <insert type of weapon>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
possession of a weapon or dangerous instrument in a correctional institution,
then you shall find the defendant guilty. On the other hand, if you unanimously
find that the state has failed to prove beyond a reasonable doubt any of the
elements, you shall then find the defendant not guilty.
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